Southampton Sport terms and conditions

2. Southampton Sport contact details

2.1 Members and users can contact Southampton Sport by:

• Phone: 023 8059 2119 
• Email: Southamptonsport@soton.ac.uk 
• Address: Jubilee Sport and Recreation Centre (Building 18) 
  University of Southampton  
  Highfield Campus  
  University Road  
  Southampton  
  SO17 1BJ

Notices to the University under these Terms, including membership cancellation notices, should be made in writing to the address above, or such other address as may be advertised from time to time on the Southampton Sport Website. 

2.2 Southampton Sport will contact current and or prospective Members and Users by telephone or by writing using the details provided on an application form or from subsequent notification received from an individual regarding any changes to their details. Southampton Sport will also make information such as any emergency closure information, available from time to time through Southampton Sport’s social media platforms including Facebook and WhatsApp.  

3. Membership application

3.1 Southampton Sport’s acceptance of a membership application will take place when Southampton Sport inform the applicant that their application has been successful and Southampton Sport are able to provide the applicant with the requested Membership Services, and a receipt for payment will be issued to the applicant, at which point an Agreement will come into existence between the applicant and Southampton Sport.

3.2 If Southampton Sport are unable to accept an application, Southampton Sport will inform the applicant of this in writing and will not charge for the Membership Services. This may be for various reasons, including but not limited to, unexpected limits on Southampton Sport’s resources which could not reasonably be planned for; particular medical or other information submitted by a current and/or prospective Member as part of their application which does not meet Southampton Sport’s minimum requirements (as set out in Schedule 1); or because Southampton Sport have identified an error in the price or description of the Membership Services. 

4. Member's rights to make changes

4.1 If a Member wishes to request a change to be made to their Membership Service, then they should contact Southampton Sport in writing as set out at clause 2.2 above. Southampton Sport will let the Member know if their requested change is possible. If it is possible, Southampton Sport  will let the Member know about any changes, including but not limited to, the price of the Membership Services or anything else which would be necessary as a result of the Member’s requested change(s) and the Member must  confirm in writing to Southampton Sport whether they wish to proceed with the change to the Member’s Membership Services. 

5. Changes to membership Terms and suspension of Membership Services

6. Providing the Membership Services

6.1 When Southampton Sport will provide the Membership Services. 

Southampton Sport will supply the Membership Services to the Member in accordance with clause 3. The Membership will run until either the Member terminates their Agreement for the Membership Services as set out in clause 8 or Southampton Sport terminate the Agreement for the Membership Services by written notice to the Member as set out in clause ‎9. 

6.2  Membership cards 

6.2.1 Members that are UOS Staff, Students and Alumni:

• on Southampton Sport’s acceptance of a Member’s application, the Member’s UoS ID card will act as the Member’s membership card
• members must provide Southampton Sport with current contact details on their membership application form. The Member should inform Southampton Sport if their contact details change at any stage of their membership
• membership to any UoS facilities available to the Member’s category of Membership Services is personal to the Member and is non-transferable
• the Member’s UoS ID card must not be used by anyone other than the Member
• misuse of a membership card may result in the suspension or termination of the Member’s Membership Services and this Agreement

6.2.2 Membership for the community (Members that are not current University staff or students)  

• If a Member is not eligible for a UoS ID card, then the Member will be issued with a Southampton Sport membership card which will remain the property of the UoS. The Southampton Sport membership card must be collected in person by the Member from Southampton Sport and the issuing of the membership card is subject to a satisfactory initial ID verification check and photo captured by Southampton Sport at the Southampton Sport reception upon initial registration and or at specified intervals as notified by Southampton Sport. This can only be done at Southampton Sports facilities including the Jubilee Sport and Recreation Centre, Mayflower Gym and Wide Lane Sports Ground. Southampton Sport reserve the right to verify the authenticity of photos taken at the Southampton Sport reception to ensure the safety and security of all Members. See the Southampton Sport Privacy Notice for more information. Failure to comply with this requirement may result in the suspension and or termination of the Member’s membership. 
• Members must provide Southampton Sport with current contact details on their membership application form. The Member should inform Southampton Sport if their contact details change at any stage of their membership. 
• Membership to any UoS facilities available to the Member’s category of Membership Services is personal to the Member and is non-transferable.  
• The Member’s membership card must not be used by anyone other than the Member. 
• Misuse of a membership card may result in the suspension or termination of the Member’s Membership Services and this Agreement.  

Upon expiry or termination of any Membership Services the Member’s membership card must be returned to reception at the Jubilee Sport and Recreation Centre, Mayflower Gym, Wide Lane Sports Ground. 

6.3 Replacement Card Fee 

If a public Member’s membership card is lost or stolen and a replacement is requested, this will be charged at an administrative fee of £15.. Access to Southampton Sport facilities and Membership Services will not be granted until a replacement card is purchased. Southampton Sport will not issue any refund due to access restriction as a result of lost membership cards.

7. Use of Southampton Sport facilities

When using the facilities Members agree to abide by: 

• the Rules and Regulations as set out in Schedule 2
• the Health Commitment Statement, a copy can be provided to Members on request from the reception at Jubilee Sport and Recreation Centre

8. Termination by the Member

8.1 Cancellation during the first 14 Days of Membership  

8.1.1 A 14-day cooling off period applies to all new memberships, from the start date of the membership. During this cooling off period, the Member may cancel their membership by contacting Southampton Sport directly by emailing southamptonsport@soton.ac.uk  

8.1.2 If a Member chooses to terminate their membership within the cooling off period, the University reserves the right to retain the joining fee and a proportion of the fees paid if the membership has been utilised, for example, if the Member has gained access to any Southampton Sport facilities. 

8.2 Termination by the Member after the 14-days cooling off period 

8.2.1 To exercise the right to terminate the membership after the 14 days cooling off period, the Member must inform Southampton Sport of their decision to terminate the membership in writing by: 

• email addressed to Southampton Sport using the contact details at clause 2.2

 and  

• using the cancellation form available on the Southampton Sport Website 

8.2.2 Memberships can only be cancelled 1 calendar month after the 14-day cooling off period has expired. 

8.3 Cancellation of payment method does not terminate the membership. Members will be liable for all Membership Fees until Southampton Sport receives notice of the membership cancellation in writing, in accordance with clause 8.2.1

8.4 Termination for other reasons

8.4.1 A Member may terminate their membership due to a reason as listed as follows:   

• Southampton Sport have advertised an error in the price or description of the Membership Services the Member has purchased and the Member does not wish to proceed
• there is a risk as determined and confirmed by the University that the Membership Services may be significantly delayed for a period in excess of 28 calendar days because of events outside of the University’s control
• due to medical reasons preventing the Member from use of the membership, subject to a supporting doctor's note indicating this to be provided to Southampton Sport  

8.4.2 If a Member is terminating their membership due to a reason as set out  above in clause 8.4.1 then the membership will end immediately and the University will refund the Member (i) on a pro rata basis for any Membership Services which have been provided or (ii) in full for any Membership Services which have not yet been provided or have not been provided in as set out in these Terms, unless this falls under an exemption under clause 5.2 or is excluded elsewhere under the provisions of these Terms.    

8.5  Refunds 

The University will make payment of all refunds deemed to be due, subject to the University’s sole discretion, using the same means of payment as the Member used for payment of the Membership Services, unless the Member has expressly notified Southampton Sport of alternative bank details, or the parties have agreed otherwise in writing. In any event, a Member will not incur or be liable for any fees to the University as a result of any refund payment(s) rightfully owed to the Member.

9. Termination of the Membership Services by Southampton Sport

9.1 Southampton Sport may terminate a Member’s membership at its sole discretion, without notice and with immediate effect in the following circumstances:  

• the Member fails to make payment to the University when it is due. Memberships will be terminated after 2 consecutive failed payments. If the University have not heard from the Member regarding cancellation of the Member’s membership, this debt will remain on the Member’s account and remain outstanding and to be paid.  
• the Member does not, within 7 calendar days of the University asking for it, provide the University with information that is necessary for Southampton Sport to provide the Membership Services, for example, proof of ID for verification purposes
• the Member fails to abide by the Southampton Sport Rules and Regulations or as otherwise set out in Schedule 2 and or the Health Commitment Statement set out in Schedule 3 
• a Member commits a serious or repeated breach of these Terms or Southampton Sport Rules and Regulations, and the breach, if capable of remedy, is not remedied within 7 calendar days of the Member being notified of the breach by the University
• a Member provides details that they know to be false when applying for membership and the false declaration would have reasonably affected the University’s decision to grant the membership 

9.2 If the University terminates the membership, for any of the reasons listed in clause 9.1, it reserves the right to retain a proportion of the Membership Fees paid by the Member to cover any reasonable costs (as determined by the University) that have been incurred. 

10. If there is a problem with the Membership Services

10.1 How to tell Southampton Sports about any issues

If a Member has any questions or complaints about the Membership Services, then they can contact the Southampton Sport team using the contact details provided in clause 2. Alternatively, the Member can speak to one of Southampton Sport’s staff at the Southampton Sport facilities. If necessary, the Member may be asked to contact Southampton Sport by email so that the University may fully investigate the matter and address any concerns. 

10.2 Southampton Sport Complaints Process

If despite following the process as set out in clause 10.1, the issue(s) remain unresolved or should the Member be discontent with the way Southampton Sport has handled the issue(s) and the resulting outcomes, then the Member may escalate the matter by pursuing Southampton Sports complaints process, which may be accessed on the Southampton Sport Website and also as linked below: 

Student Guidance for Complaints and Appeals

Complaints procedure for staff, alumni and community

11. Price and payment

11.1 Where to find the price for the Membership Services

The price of the Membership Services will be the price in force at the date of the Member’s application as published on Southampton Sport’s Website and official Southampton Sport social media pages and posters, unless Southampton Sport have agreed another price in writing with the Member. Southampton Sport will take reasonable care to ensure that the prices of Membership Services advised to a Member are correct, however please see clause 8.2 for what happens if Southampton Sport discover an error in the price of the Membership Services that a Member purchases. Southampton Sport will give a Member 4 weeks’ notice, in writing, of any increase in Southampton Sport’s prices. 

11.2  Payment method and timing  

A Member is required to pay the joining fee (if one is payable) together with the Membership Fees to Southampton Sport in accordance with the chosen Membership Services. The payment method shall be agreed at the time of the Member’s application. Joining fees are applied to cover the initial administration costs associated with setting up a new membership and Recurring Card payments arrangements. A Member is required to keep membership payment details up to date using the membership payment system. 

11.3  Recurring Card payments (RCP)  

If a Member cancels a RCP where Southampton Sport were in fact entitled to the payment, the Member may be charged a £5 fee (per cancelled payment) to cover Southampton Sport’s costs in attempting to recover the payment. This fee may be applied in addition to any payments due by the Member in relation to further and or ongoing Membership Services. It is the Member’s responsibility to use the UoS Sport App or Join in to resolve any outstanding debt, alternatively this can be paid in person at the Jubilee Sport and Recreation Centre, Mayflower Gym or Wide Lane Sports Ground. 

12. Accidents, injury and loss or damage to Members' personal property

12.1 Subject to Southampton Sport’s discretion, Southampton Sport will compensate Members for any damage or loss they may suffer if Southampton Sport fails to carry out its obligations under these Terms or to a reasonable standard or breaches any duties imposed on it by law (including if it causes personal injury or death to a Member by its negligence) unless that failure is attributable to: 

• the Member’s own actions and or fault
• a third party unconnected with the provision of services under these Terms
• events which, even if the University had taken all reasonable care, neither the University nor its suppliers could have foreseen or prevented

12.2 Southampton Sport’s liability to compensate Members for any damage or loss relating to personal property is limited to a reasonable amount (to be determined by Southampton Sport), having regard to such factors as whether the damage was due to a negligent act or omission by Southampton Sport. 

13. Damage to Southampton Sport facilities and or equipment by a Member

13.1 Any damage to Southampton Sport’s facilities and or equipment must be reported promptly to Southampton Sport by the Member. 

13.2 The Member will be liable for any damage caused to Southampton Sport’s equipment and/or facilities through the Member’s negligent actions and or misuse.  

13.3 If the Member is unsure how to use any of the Southampton Sport facilities and or equipment in a proper manner, then the Member should ask the Southampton Sport’s team for assistance. 

14. Other important terms

14.1 Southampton Sport will only use a Member’s personal information as set out in Southampton Sport’s Privacy Policy, which can be found within the membership application pack. 

14.2 Each party acknowledges that in entering into this Agreement it does not rely on and shall have no remedies in respect of any statement, representation, assurance or warranty, whether made innocently or negligently, that is not set out in this Agreement. 

14.3 The University shall be entitled to novate (and the Member shall be deemed to consent to any such novation) the Agreement to any other body which substantially performs any of the functions that previously had been performed by the University. 

14.4 The membership rights under these Terms are personal to the Member and the Member may not transfer their rights or obligations to another person. 

14.5 Unless it expressly states otherwise, these Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of these Terms.  

14.6 If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Terms. 

14.7 Any delay by Southampton Sport to insist that a Member adheres to these Terms does not constitute an acceptance of the Member’s breach of these Terms by the University nor will it prevent the University from taking further action, including legal action if necessary.  

14.8 These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. 

14.9 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or its subject matter or formation, including non-contractual disputes or claims.